Shamsul Zoha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11269 of 2022 Arising Out of PS. Case No.-1680 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHAMSUL ZOHA son of Md. Sayeed R/o Village Mahua, P.S. Mahua, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sehra Khatoon D/o- Md. Muslim Ansari R/o Village Bangra Tola, Kaila belwa, P.S. - Chakiya, District - East champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the complainant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 379, 323, 504, 506 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.11269 of 2022(5) dt.30-01-2023 2/3 that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. C-1680/2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.3,000/- (rupees three thousand) per month to opposite party no.2 in the second week of every month. If petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation

Patna High Court CR. MISC. No.11269 of 2022(5) dt.30-01-2023 3/3 of bail bond of the petitioner.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned counsel appearing on behalf of the complainant is directed to furnish the bank account details of opposite party no.2 in the learned court below. If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T